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cover art of Criminal Procedure and Punishment




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ISBN: 9780995653030
Published: 06 Nov 2018

Inspection Copies

We are happy to provide free inspection copies (or advance material) for lecturers teaching on a relevant course.

Criminal Procedure and Punishment

by Ed Johnston and Tom Smith


This book provides a holistic overview of the English and Welsh system of criminal justice, from the earliest stages of investigation and arrest through to the punishment and release of offenders. Aimed at students, it examines not only the law and procedure of criminal justice and punishment, but underpinning theories and surrounding issues.

The book is designed as the set text for a new undergraduate law module entitled Criminal Procedure and Punishment, but is suitable for courses on criminal justice, penology and criminology.

The book is divided into two linked parts. The first focuses on criminal procedure, including: the influence of adversarial and inquisitorial theory; the use (and misuse) of police powers; the trial process and fundamental fair trial rights; and sentencing. The second part focuses on punishment, including: discussion of its history; theoretical and philosophical arguments from scholars including Kant, Bentham and Rawls; punishment in the modern era; and the prison crisis.

Both parts link to common themes and issues, with connections drawn between the different stages of the process and their impact on each other. The book thus offers, through doctrinal and socio-legal methods, a contemporary and rounded approach to two constantly evolving and overlapping topics.


Criminal Procedure

1 Introduction
2 Theoretical Approaches to Criminal Procedure
3 Policing on the Street: Powers of Investigation
4 In Police Custody: Powers to Detain And Interrogate
5 The Right of Silence
6 The Regulation of Confessions
7 ‘Managing’ Criminal Procedure
8 The Criminal Court in Theory
9 The Criminal Court in Practice
10 Appeals


11 Theories of Punishment
12 Custody and Alternatives
13 The Future of Procedure and Punishment

Miscarriages of Justice

14 Miscarriages of Justice